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What is the L-9 Tax Form?

What is Inheritance tax waiver?

 What is Inheritance tax waiver?

What is an Inheritance Tax Waiver A Tax waiver represents the written consent of the Director of the Division of Taxation to transfer or release certain property in the name of a decedent. Typically the attorney for the estate will prepare the Inheritance Tax Return New Jersey property (such as real estate located in NJ, NJ bank and brokerage accounts, stocks of companies incorporated in NJ, and NJ bonds, etc.) cannot be transferred or released without this consent. A separate waiver will be issued for each titled asset. Each waiver will contain specific information about the property (such as: bank name, account balances, and names on the account). The original Waiver on real estate is filed with the County clerk where the property is located. (Typically the Attorney will handle). Example Middlesex County Clerk Re: L-9 Property waiver Estate of _ Dear Middlesex County Clerk: Enclosed herewith please find the following: 1- Inheritance Tax Waiver 2- Check for $15.00 for recording payable Middlesex County Clerk 3. Middlesex County Cover Sheet NJSA 46 26A 5 Would you kindly : [ x ] File and return a filed copy The original waiver must be filed, not a copy. More info at https://www.state.nj.us/treasury/taxation/inheritance-estate/inheritance-waivers.shtml NJ Tax Guide A Guide to Being an Executor Helpful information from the NJ Division of Taxation. What if you are an Executor or Administrator of an estate? You are most likely looking to obtain waivers to release the decedent’s assets, such as NJ bank accounts, NJ stock, and NJ real estate. There are several steps to follow, and a few things you need to know before this can happen. Typically the attorney for the estate will prepare the Inheritance Tax Return. What are the different types of waivers? A self-executing waiver (do-it-yourself) and the 0-1 waiver (issued by the Division of Taxation) are the different types of waivers. New Jersey banks are prohibited from closing a decedent’s bank accounts without one of these forms:  Form L-8 Self-Executing Waiver Affidavit can only be used when there is no Inheritance or Estate Taxes due (see below). L-8s are to be filled out by you, as the estate representative. Then they can be sent or brought directly to the bank, transfer agent, or other financial institutions holding the funds. Many banks have these forms on hand, but they can also be obtained on our website.o You do not file anything with the Inheritance and Estate Tax Branch if you qualify to use this form.  Form 0-1 is a “waiver” that can only be issued by the Division of Taxation.o To get this form, you must file a return with the Division.o Real Estate transfers always require Form 0-1.o Note: 0-1 is not a form that you will be able to find on our website. This form can only be issued by the Division of Taxation. The original Waiver on real estate is filed with the County clerk. (Typically the Attorney will handle) Are there any Inheritance or Estate Taxes Due? Your next job as Executor/Administrator is to figure out if any Inheritance or Estate taxes will be due. This will determine what forms or returns you will need to file. Besides the Federal estate tax, there are two separate State taxes related to a person’s death: the Inheritance Tax and the Estate Tax. You may owe one, but not the other. You will never pay more than the higher of the two taxes:  Inheritance Tax mainly depends on the relationship between the deceased person and the beneficiary. Estate proceeds payable to: Surviving spouses, parents, children, grandchildren, etc. are exempt from Inheritance Tax. These are Class A beneficiaries. Brothers and sisters and children-in-law are subject to tax after built-in exemptions. These are Class C beneficiaries. Nieces, nephews, aunts, uncles, friends, and non-relatives are subject to Inheritance Tax. These are Class D beneficiaries. Charitable institutions are exempt from Inheritance Tax. These are Class E beneficiaries. If it turns out that Inheritance Tax may be due, the Inheritance Tax Resident Return (Form IT-R) needs to be filed. Any tax must be paid within eight months after the date of death or you will incur a 10% annual interest charge on unpaid tax. Sometimes, a return needs to be filed even if there might not be any tax due. If there are any Class C, D, or E beneficiaries, you will need to file a full return. . Source https://www.state.nj.us/treasury/taxation/documents/pdf/guides/General-%20Guide-to-Being-an-Executor

What are Release and Refunding Bonds?.mov

 What are Release and Refunding Bonds

Under New Jersey law it is the duty of the fiduciary [Executor or Administrator] to make arrangements to pay bills and other estate expenses and carry out instructions under the Will. NJSA 3B: 23-24 provides the fiduciary shall take a Release and Refunding Bond from each beneficiary. Our law office will prepare and mail the Executor draft Release and Refunding Bonds. The Executor should type up an informal accounting to show assets of the estate, the expenses and amounts each beneficiary will receive. To make things easy, the Executor can attach a copy of your checkbook register. When the estate is finished and ready to disburse money, the Executor will determine the amount each will receive. The Release and Refunding Bonds are revised to indicate the specific amount the person will receive. Every beneficiary will need to sign his or her Release and Refunding Bond in front of an attorney or notary. If any beneficiary does not sign their release and refunding bond, then the estate funds cannot be distributed to anyone until approved by the Superior Court. An Accounting and Court approval under Rule 4:87-1 would take many months. We are requesting all beneficiaries to immediately make arrangements to sign the Release and Refunding Bond and return it to my office. Please also note under New Jersey law each beneficiary must certify they do not owe child support. Each beneficiary must fill out the child support section by hand. The signed Release & Refunding Bonds must be filed with the County Surrogate and small fee paid. If the Surrogate required a Bond, a copy of each filed Release & Refunding Bond must be provided to the bonding company. In the State of New Jersey, it is essential that Executors and Administrators obtain and file with the Surrogate’s Court, either an executed Release or combined Release & Refunding Bond from each beneficiary of the testator’s estate. Once debts and taxes of the state are paid, AND the Executor or Administrator is ready to make final distribution, the Executor or Administrator must have each beneficiary sign a “Release & Refunding Bond.” By executing a Refunding Bond, the beneficiary is agreeing that, in the event the assets distributed to him or her are needed at a later time to pay any debt of the estate, the beneficiary will then return part or all of the assets needed to pay estate debts. This provides the Executor or Administrator with security in the unlikely event claims are subsequently made against the estate. The release is proof that the Executor or Administrator has made distribution and that the beneficiary has received his or her bequest or distributive share. Source http://www.bergencountysurrogate.com/refundingbond&releaseforms.pdf REFUNDING BOND AND RELEASE By statute (N.J.S.A. 3B: 23-24) an Executor or Administrator is required on paying a beneficiary his/her share of the estate, to take a Refunding Bond and Release from the beneficiary and to file the bond in the Surrogate’s Court. The statute requires that the Refunding Bond and Release be in the amount or value of the beneficiary’s share of the estate. The Refunding Bond and Release must be signed by the beneficiary before a Notary Public or attorney. If the beneficiary is a minor or incapacitated person, the Refunding Bond and Release must be signed by the guardian of the property. The Refunding Bond and Release has a dual purpose: Refunding – To refund to the Executor or Administrator out of his/her share of the estate his ratable part of any unpaid debts, owed by the testator or intestate, if there are no other assets to pay them. Source http://www.mercercounty.org/government/county-surrogate/refunding-bond-and-release Release - To discharge the Executor or Administrator of an estate of his/her duties upon distribution to the beneficiary of his/her share of the estate. In an Administration that required a Surety Bond, the Administrator must request a Certificate of Release from the Surrogate at the time he/she files the Refunding Bond and Release. A Surety Bond will not be cancelled by the insurance agent unless the Certificate of Release is presented to the agent. It is necessary to file the completed Refunding Bond and Release from each beneficiary of the estate with the Surrogate’s Court. The statutory fee for filing is $ 10.00 per bond and $ 5.00 for the Certificate of Release. The Refunding Bond and Release can be found on this Web Site. Your attorney also will provide you with a Refunding Bond and Release upon request or prepare the Refunding Bond and Release for you. Source http://www.mercercounty.org/government/county-surrogate/refunding-bond-and-release

What is Self Defense

 

What is Self Defense 

What is Self Defense Defense to assault self-defense JUSTIFICATION SELF DEFENSE (N.J.S.A. 2C:3 4) In a Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law at the beginning of their case and prior to a trial. The same law applies in Municipal Court trials. The defendant contends that if the State proves he/she used or threatened to use force upon the other person(s), that such force was justifiably used for his/her self-protection. The self-defense statute reads: "The use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion." In other words, self defense is the right of a person to defend against any unlawful force. Self defense is also the right of a person to defend against seriously threatened unlawful force that is actually pending or reasonably anticipated. When a person is in imminent danger of bodily harm, the person has the right to use force or even deadly force when that force is necessary to prevent the use against him/her of unlawful force. The force used by the defendant must not be significantly greater than and must be proportionate to the unlawful force threatened or used against the defendant. Unlawful force is defined as force used against a person without the person's consent in such a way that the action would be a civil wrong or a criminal offense. If the force used by the defendant was not immediately necessary for the defendant's protection or if the force used by the defendant was disproportionate in its intensity, then the use of such force by the defendant was not justified and the self defense claim fails. There are different levels of force that a person may use in his/her own defense to prevent unlawful harm. The defendant can only use that amount or degree of force that he/she reasonably believes is necessary to protect himself/herself against harm. If the defendant is attempting to protect himself/herself against exposure to death or the substantial danger of serious bodily harm, he/she may resort to the use of deadly force. Otherwise, he/she may only resort to non deadly force. Non Deadly Force A person may also use non deadly force in his/her own defense. If you find that this defendant did use non deadly force to defend himself/herself, then you must determine whether that force was justified. A person may use non deadly force to protect himself/herself if the following conditions exist: 1. The person reasonably believes he/she must use force and 2. The person reasonably believes that the use of force was immediately necessary and 3. The person reasonably believes he/she is using force to defend himself/herself against unlawful force, and 4. The person reasonably believes that the level of the intensity of the force he/she uses is proportionate to the unlawful force he/she is attempting to defend against. Remember, only if you conclude that in using force or deadly force the defendant reasonably believed he/she was defending against unlawful force is the defense available to him/her. Burden of Proof The State has the burden to prove to you beyond a reasonable doubt that the defense of self defense is untrue. This defense only applies if all the conditions or elements previously described exist. The defense must be rejected if the State disproves any of the conditions beyond a reasonable doubt. The same theory applies to the issue of retreat. Remember that the obligation of the defendant to retreat only arises if you find that the defendant resorts to the use of deadly force. If the defendant does not resort to the use of deadly force, one who is unlawfully attacked may hold his/her position and not retreat whether the attack upon him/her is by deadly force or some lesser force. The burden of proof is upon the State to prove beyond a reasonable doubt that the defendant knew he/she could have retreated with complete safety. If the State carries its burden then you must disallow the defense. If the State does not satisfy this burden and you do have a reasonable doubt, then it must be resolved in favor of the defendant and you must allow the claim of self defense and acquit the defendant. Simple assault in a fight by mutual consent Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense. The defense attorney must serve a NOTICE OF SPECIFIC CRIMINAL CODE DEFENSES PURSUANT TO Rule 3:12Failure to give Miranda warnings is not a defense.

Representing Senior Citizens Charged with Traffic Tickets

Representing Senior Citizens Charged with Traffic Tickets

39:4-89 Tailgating Following Vehicle Too Closely 5 Points - NJ MVC Points

39:4-89 Tailgating Following Vehicle Too Closely 5 Points - NJ MVC Points

Fine or imprisonment not exceeding 15 days, or both, fines $50-$200 plus court costs Plus 5 car insurance points and possible non renewal by insurance company and Judge Can Suspend DL for Willful Traffic Offense. - State v. Moran 202 NJ 311 - Penalties set forth at 39:4-203 - 39:4-89 Following; space between trucks
The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway.
The driver of a motor truck when traveling upon a highway, outside of a business or residence district, shall not follow another motor truck within one hundred feet, but this shall not be construed to prevent one motor truck overtaking and passing another.
Kenneth Vercammen’s office represents persons charged with Serious Traffic offenses. Criminal and Motor vehicle violations are expensive. If convicted, you will have to pay high fines in court, face probation, and other serious penalties that may effect future employment.
You should consider hiring a Certified Municipal Court Law Attorney such as Kenneth Vercammen to Represent you . Very few attorneys in New Jersey have been able to pass the rigid test to be recognized by the Supreme Court as a Certified Municipal Court Law Attorney.
When your job or driver's license is in jeopardy or you are facing thousands of dollars in penalties you need excellent legal representation. The cheap attorney is never the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.
Our website www.njlaws.com provides details on jail terms for criminal offenses and other traffic matters. Call the Law Office of Kenneth Vercammen a to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses. Please call us to schedule an appointment if you need experienced legal representation in a criminal matter. Save this letter for future reference.


Kenneth Vercammen, Certified Criminal Trial Attorney Past NJSBA “Municipal Court Attorney of the Year” Former Prosecutor of Cranbury Municipal Court and co-Author of: ABA "Handling Drug and DWI Cases." Celebrating 30+ years of providing excellent service to clients since 1985. We fight to win!
For information on points, fines, jail and suspension for this violation, go to KennethVercammen.com/traffic_minimum_penalties.htm

Motion for Early Termination of Probation

Motion for Early Termination of Probation
Your Attorney can file a Motion under NJSA 2C :45-2 . Period of Suspension or Probation; Modification of Conditions; Discharge of Defendant
a. When the court has suspended imposition of sentence or has sentenced a defendant to be placed on probation, the period of the suspension shall be fixed by the court at not to exceed the maximum term which could have been imposed or more than 5 years whichever is lesser. The period of probation shall be fixed by the court at not less than 1 year nor more than 5 years. The court, on application of a probation officer or of the defendant, or on its own motion, may discharge the defendant at any time.
b. During the period of the suspension or probation, the court, on application of a probation officer or of the defendant, or on its own motion, may (1) modify the requirements imposed on the defendants; or (2) add further requirements authorized by N.J.S.2C:45-1. The court shall eliminate any requirement that imposes an unreasonable burden on the defendant.
c. Upon the termination of the period of suspension or probation or the earlier discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the court and shall have satisfied his sentence for the offense unless the defendant has failed:
(1) to fulfill conditions imposed pursuant to paragraph b. (11) of N.J.S.2C:45-1, in which event the court may order that the probationary period be extended for an additional period not to exceed that authorized by subsection a. of this section; or
(2) to fulfill the conditions imposed pursuant to subsection c. of N.J.S.2C:45-1, in which event the court shall order that the probationary period be extended for an additional period not to exceed that authorized by subsection a. of this section.
The extension may be entered by the court without the defendant's personal appearance if the defendant agrees to the extension.
Notwithstanding any provision in this section to the contrary, any order of the court prohibiting contact with a victim imposed on a defendant convicted of a sex offense shall continue in effect following the termination of probation supervision until further order of the court.

Defending Speeding on 287, Turnpike, Parkway

In State v Green 417 NJ Super. 190 (App. Div. 2010) the court decided that a motorist who has been charged with speeding is entitled to discovery respecting
(1) the speed-measuring device's make, model, and description;
(2) the history of the officer's training on that speed-measuring device, where he was trained, and who trained him;
(3) the training manuals for the speed-measuring device and its operating manuals;
(4) the State's training manuals and operating manuals for the speed-measuring device;
(5) the officer's logbook of tickets written on the day of defendant's alleged violation;
(6) the repair history of the speed-measuring device used to determine defendant's speed for the past twelve months; and
(7) any engineering and speed studies used to set the speed limit at the section of highway where defendant's speed was measured.
The court also found that the Stalker Lidar speed-measuring device had not been proven to be scientifically reliable and, as such, the results of its operation should not have been admitted during the municipal court proceedings or considered by the Law Division. The court remanded the matter to the Law Division for a plenary hearing on the scientific reliability of the Stalker Lidar. If it is determined to be reliable, then the matter is remanded to the municipal court for trial after the State has provided all of the discovery required by this opinion.
Therefore, we also request that the following be provided in discovery:
8. We request copies of any reported or unreported cases that indicate the machine used in this case has been found to be scientifically reliable.
9. All relevant written or recorded statements, or signed or unsigned confessions, written summaries of oral statements of confessions made by the defendant;
10. All books, papers, documents, photographs, sound or video recordings, tangible objects, buildings, or places, which are intended for use by the state as evidence at the trial
11. Copies of all correspondence received from the manufacturer of the SPEED MEASURING DEVICE;
12. All certificates of calibration for the SPEED MEASURING DEVICE unit used;
13. All certificates of calibration for the any tuning forks used;
14. Speedometer certifications for the vehicle used which the state intends to rely upon at trial;
15. All correspondence and documents received from the Division of Weights and Measures regarding the SPEED MEASURING DEVICE unit and/or tuning forks used;
16. The names and addresses of all individuals whom the arresting officer wrote tickets for in the period of twenty-four (24) hours prior to and the period of twenty-four (24) hours after the instant offense, and the disposition of any speeding cases.

Types of Driving While Suspended

NJSA 39:3-40 Driving While Suspended in New Jersey

There are two types of license suspension:
1. Court imposed suspension 2. Administrative / MVC suspension The most common scenario reflects where that the client, through a motor vehicle violation, failure to pay a surcharge or accumulated points have been placed on a suspended list maintained by the New Jersey Division of Motor Vehicles (MVC), thereby making them ineligible to operate a motor vehicle for a prescribed period of time in this state. If the client is aware that they are on the suspended list and acknowledged to the police officer that they were suspended, there is little room for creative legal defenses. The lawyer in this case would most likely discuss how to mitigate penalties or negotiate a plea bargain. However, more often than not the attorney will be confronted by the client who claims that they were unaware of their placement on the suspension list. The scenario that will often be presented by the client is that he/she was stopped by police for an unrelated motor vehicle violation. In the process of the police encounter they were informed by the officer that their license has been suspended and they were issued an additional summons for DWS.
DEFENSES: Call Kenneth Vercammen for representation 732-572-0500
More info at www.njlaws.com/driving_on_a_suspended_license.htm
Thousands of motorists in New Jersey are stopped for routine traffic violations, then are surprised to be informed their license is suspended. Where the minimum costs would be $1,261 in fines, surcharge and costs, motorists need an attorney with knowledge and skill in handling Driving While Suspended (DWS) matters. Over the past decade Municipal Court practice has diversified requiring the need for crafted trial counsel to provide adequate representation for clients concerning both disorderly persons and motor vehicle offenses. Although this may seem like a hopeless situation at first, the reality is that it offers an attorney the opportunity to be creative in finding possible ways to avoid a prolonged license suspension and even the possible incarceration of the client. The violation of DWS is set forth at NJSA 39:3-40. This section states, "no person to whom a drivers license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal suspension, revocation or prohibition." The statute also prohibits the operation of a motor vehicle whose registration has been revoked.
PENALTIES Conviction under this statute brings the following penalties: Upon conviction of the first offense of a fine of $500.00, the defendant will also be surcharged a mandatory $250.00 per year for 3 years in every DWS by the MVC (formerly DMV);
Upon conviction for the second offense a fine of $750.00 and imprisonment in the county jail for 1 - 5 days;
Upon conviction for the third offense, a fine of $1000.00 and imprisonment in the county jail for 10 days.
Additionally, the statute states that upon the conviction the court shall impose or extend a period of suspension not to exceed 6 months for each offense. If DWS and involved in an accident resulting in personal injury to another person, the court shall impose a period of imprisonment for not less than 45 days.
If an individual violates this section while under suspension under 39:4-50 (DWI), they shall be fined $500.00 extra and have their license suspended for an additional period not less than one year nor more than two years and mandatory county jail for 10 - 90 days. If suspended for Failure to Pay a Surcharge, there is an extra $3000.00 fine.
Although most municipal court matters are considered minor by many citizens it is obvious from the possible penalties involved that this is a serious offense carrying the possibility of both stiff fines and incarceration. As attorneys, it is incumbent upon us to try and provide the most favorable result for the client.
Few courts inform a driver charged with DWS that the penalty is anything more than a $500.00 fine plus up to six months loss of license. Most courts do not warn a defendant if he pleads guilty he will have to pay MVC insurance surcharges and face other new penalties. Few courts and attorneys are aware of the provisions of NJAC 11:3-34, which allows insurance companies to charge additional surcharges to drivers who drive while suspended. These insurance company surcharges are in addition to MVC surcharges and fines. For Driving While Suspended pursuant to 2C N.J.R. 576 a driver is given 9 Automobile Eligibility Points.
THE STATE MAY BE UNABLE TO SHOW DUE PROCESS AND ADEQUATE NOTICE The Prosecutor should be required to show adequate notice of the suspension. In Parsekian v. Cresse 75 N.J. Super. 405 (App Div. 1962),

What to Bring on Day of Signing the Will

What to Bring on Day of Signing the Will
Read your proposed Will and Estate Planning documents. Please read the documents carefully. If there are any changes, amendments or revisions, please mark up the draft Will in blue pen, and fax, mail back or drop off at night in mail slot at least four days prior to scheduling the appointment to execute the Will. Changes cannot be accepted by email or phone.
Please remember that there will be a minimum $75.00 additional charge for each change after the first draft is typed. Changes cannot be done on the same date as signing. Please bring your draft Will and any other documents sent you. If you have not already done so, please also advise my office immediately if you would like a Power of Attorney prepared and a Living Will as well. Bring ID or a driver’s license to the signing and show to the front desk staff. Staff will ask you if you read the documents. If you did not read the Will or other documents we cannot sign anything and will need to reschedule for another day.
On the date of signing, we suggest you bring a copy of any Deed to property so that we can answer your questions regarding title to real estate. We will give you the Original signed Will to take home. Based on a Supreme Court memo, we no longer keep original Wills in our office. We keep a copy. Please note the NJ Rule of Professional Conduct RPC 1.6 prohibits our office from discussing your Will or matter with family members or anyone other than you.
Please also remember that if you have assets such as bank accounts in joint names, or bank accounts payable upon death, these go directly to the beneficiary. If you have selected direct beneficiaries on any of your assets these pass outside your Will, including POD accounts or joint accounts. Your Will cannot change who the beneficiary is on a joint account, payable upon death accounts, or other assets such as Life Insurance policies. You would have to go directly to the bank or company where the assets are held and either direct that they change the beneficiary or not list any beneficiary at all other than your Estate.

Expedited Expungement Where Charges are Dismissed

Expedited Expungement NJ where charges are dismissed in court or not guilty in court
If you are charged with a disorderly persons offense, petty disorderly persons offense, or a municipal ordinance violations, and those charges are either dismissed, you are acquitted, or your case is discharged without a conviction or finding of guilt, you may be eligible for an expedited expungement pursuant to N.J.S.A. 2C:52-6.
The Expungement form needs to be filed with the court the same day the charges are dismissed, or a not guilty finding. This does not apply for PTI Pre trial intervention, Conditional Discharge or Conditional Dismissal.
Otherwise, your attorney can help you with the formal expungement process.
Expungement of Arrest or Charge Records N.J.S.A. 2C:52-6 These forms are ONLY provided upon request and at the time of disposition to persons seeking the expungement of arrest or charge records relating to a disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation, where those proceedings were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt.
The Expedited Expungement forms are not to be used to expunge arrest or charge records where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. The process requires the completion of the following three steps.
Step 1: Complete the Application for Expungement of Arrest or Charge Records The Application is used by the Municipal Court to determine whether the Applicant is eligible for an expungement of the arrest(s) or charge(s). The Applicant must complete sections A, B, and C of the form.
Section A requires the personal information of the Applicant.
Section B requires the identification of the arrest or charges that the Applicant seeks to have expunged. The Applicant must provide the date of the arrest, the statute or ordinance the Applicant was charged with violating, and the complaint number. If the Applicant does not have some or any of this information, the Applicant can obtain a printout of the case disposition from staff of the municipal court where those proceedings were dismissed, the Applicant was acquitted, or the Applicant was discharged without a conviction or finding of guilt.
If a printout is obtained, the Applicant should attach it to the Application.
Section C requires the Applicant to date and sign the request for expungement.
Step 2: Complete the Order for Expungement of Arrest or Charge Records The Order is the official document that will be reviewed and, if granted, signed by the Superior Court Judge. The Instructions for Completion of the Order are listed below.
1. At the top left-hand corner, fill in full name and address.
2. Do not fill in the box marked "For Superior Court Use Only." This will be completed by the Criminal Case Management Office. 3
In the box where it states, "In the Matter of the Expungement of the Arrest/Charge Records of _______________," print full name.
4. In the first sentence of the Expungement Order, print full name, date of birth and your State Bureau of Identification (SBI) number, if available, where it is indicated.
5. Leave the next three spaces blank where it states "IT IS ORDERED this ___ day of __________, ______________." They will be filled in by the court.
6. After "all information relating to," fill in full name.
7. On lines 1-5, provide the date of the arrest or issuance of the complaint, the statute or ordinance charged with violating, and the complaint number. This information should be identical to that contained in Section B of the Application for Expungement of Arrest or Charge Records. If more than five rows are needed, attach a separate sheet of paper with the additional information.
8. Leave the signature line on the next page blank. This is where the judge will sign the order.
Step 3: Submit the Forms for Expungement of Arrest or Charge Records to the Municipal Court Upon completion of the Application and Order, the Applicant must submit the completed Forms via either hand delivery or mail to the municipal court where those proceedings were dismissed, the Applicant was acquitted, or the Applicant was discharged without a conviction or finding of guilt.
The Application will then be reviewed by a Municipal Court Judge. If approved, the Municipal Court Judge will sign the Application and forward the signed Application and Order to the Applicant and the County Criminal Division for submission to the Superior Court Judge.
In the event the Application is improperly or incompletely filled out, the Applicant will be notified by municipal court staff. After review by a Superior Court Judge, and if granted, a copy of the signed Application and executed Order for Expungement will be forwarded to the appropriate prosecutor and Municipal Court for the expungement of applicable records.

39:4-85 Failure to Pass to Left When Overtaking 4 MVC points

39:4-85 Failure to pass to left when overtaking 4 MVC points
Penalties set forth at 39:4-203 - Fine or imprisonment not exceeding 15 days, or both
Fines $50 $200 plus court costs, 4 car insurance points and possible non renewal by insurance company
39:4-85 Improper passing on right or off roadway
39:4-85 Passing to left when overtaking; passing when in lines; passing on right.
39:4-85. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.
The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway. Amended 1951, c.23, s.45; 2014, c.69, s.6. plus possible loss of license

Judge Can Suspend DL for Willful Traffic Offense.
State v. Moran 202 NJ 311 (2010)

The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law. To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges

Information to Provide on Inheritance Tax Return

Information to Provide on Inheritance Tax Interview

Questions:

SCHEDULE “A” REAL PROPERTY
If none, write none
1. Street and Number: ____________________
Town: ___________________
Lot: _____________________
Block: __________________
County: ____________________
Title/Owner of Record: _______________
Tax Assessor Assessed Value: $____________________
Full Market Value of Property: $____________________
Mortgage Balance: $______________________ [if none write none]
Any other Real Estate: $______________________

ASSETS
SCHEDULE B: Municipal or Corporate Bond? Closely held Businesses?
Yes _____ No ______

SCHEDULE “B (1)” RECAPITULATION - ALL OTHER PERSONAL PROPERTY
RESIDENT DECEDENT

1) SCHEDULE B-1: BANK ACCOUNTS/BROKERAGE ACCOUNTS
2) SCHEDULE B-1: STOCK
3) SCHEDULE B-1: INVESTMENT BONDS
4) SCHEDULE B-1: ALL OTHER PROPERTY

List all other property owned by the decedent, including (but not limited to):
- U.S. Obligations (Savings Bonds or Treasury Certificates)
- Automobiles or other vehicles, Personal property, collections, furniture, etc., Mortgages and notes owned by decedent, Cash and uncashed checks, Interest in a prior estate, Accounts receivable

TOTAL LINES 1-4
Insert this total on Page 1, Line 3 “All Other Personal Property ”
SCHEDULE “B (1)” RECAPITULATION - ALL OTHER PERSONAL PROPERTY RESIDENT DECEDENT
(See Instructions Below)
Decedent’s Name: _______________________________________
Social Security Number: ____________/____________/____________

BRING FORWARD TOTALS FROM EACH OF THE FOLLOWING SCHEDULES:

All Other Personal Property Owned Individually or Jointly; approx Market Value, Indicate who are the beneficiaries on any accounts. That is important.
If none, write none for each line
SCHEDULE B (1) - BANK ACCOUNTS/BROKERAGE ACCOUNTS
RESIDENT DECEDENT Bank Account –
Name of Bank, Acct. # Type of account _____________ $________________
Stock - Name of Stock Co., Acct. # ________________ $_________
_____________ $_________
Cars ___________________ $_________
Other assets over $10,000: ______________________ $_____________________ $__________________ $__________________ $_________
[ if none, write none -

SCHEDULE “D” EXPENSES
Estimated Expenses for Funeral $ ____________
Name of Funeral Home $________
Paid Estate Administration Expenses $ __________

Other Administration Expenses (list individually), nursing home? attach receipts.
Major debts of estate, inc credit card
Expense _________________ $ ____________________
Expense _________________ $ ____________________
Expense _________________ $ ____________________
Expense _________________ $ ____________________
Expense _________________ $ ____________________

BENEFICIARIES AND ADDRESSES
(State full names and addresses of all who have an interest, vested, contingent or otherwise, in estate)

HEIRS AT LAW/
NEXT OF KIN: RELATIONSHIP: ADDRESS: APPROX. AGE: % INTEREST:

____________________________________________
In case of Intestacy [no Will], the parentage of all collateral heirs (such as nieces, nephews, cousins, etc.) must be set forth. The relationship of stepparent, stepchild, stepbrother or stepsister must be so stated.

Any specific bequests/gifts in Will?
____________________________________________

(NOTE: LIST CHILDREN OF DECEASED NEXT OF KIN - /ALSO GIVE AGE OF ANY MINORS)
State full names of all beneficiaries who died before or after decedent's death:
____________________________________________

What questions do you have? Write down below. How can we help you?
Is there anything else important?
___________________________________________
Does the decedent’s taxable estate exceed $11,500,000 Yes __________ No __________

Contesting DWI Where Driver Vomited

Contesting DWI Where Driver Vomited.

The burden of proof to show that the procedures conditioning admissibility were complied with rests with the State and must be demonstrated by clear and convincing evidence. Thus, a defendant is not obliged to present proof that he did vomit or regurgitate in order to suppress the Alcohol test results, in the absence of affirmative proof from the State that defendant was continuously observed. Rather, the State must present affirmative proof that an operator actually observed the defendant. State v. Filson, 409 N.J. Super. 246 (Law Div. 2009)

If a driver regurgitated or vomited prior to the breath testing, that could have potentially affected the results. If the driver vomited the contents of his stomach, any raw alcohol or alcohol absorbed in the food particles would be in the person’s mouth at the time of testing, if that driver didn’t have an opportunity to rinse his or her mouth out. There are cases where a driver admitted to a police officer that he vomited prior to the investigation, or the officer saw the driver vomit at the scene of the investigation, or the officer saw the driver vomit back at the police station.

Vomiting doesn’t necessarily mean that the person is intoxicated. The person may just be sick from a virus. The person may have had food poisoning. Either way, the proper procedure that a breath test operator needs to follow is to make sure that the driver’s mouth is rinsed and cleaned of potential contamination before breathing into the breath test device. If that’s not done, then the breath test reading may be artificially inflated and inadmissible as evidence.

Vomiting before giving a breath sample affects the Blood Alcohol Content outcome registered on the breath test. Other factors may also affect the BAC level registered on the breathalyzer machine. source: https://www.winning-dwi-defenses.com/...

Questions to answer and provide to your attorney:

MEDICAL ISSUES or PHYSICAL PROBLEMS
Were you suffering from any physical problems or past injuries at the time of the arrest? If so, what parts of body?

Please Check
Explanation of physical problems or old Injuries ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________
➢Ankles ➢Feet
➢Legs ➢Back ➢Knee ➢Hips
__________ __________ __________ __________ __________ __________
Were you receiving any treatment for any of the following neurological conditions at the time of the arrest?

Please Check:
➢Vertigo (Dizzy) ➢Seizure disorder ➢Head injury
➢Nerve damage
➢Learning disability ➢Stroke
➢Depression ➢Sleep Apnea
Please Explain ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________
Do you see a chiropractor regularly? ☐ Yes ☐No
Do you see a psychiatrist/therapist? ☐ Yes ☐No
Do you have respiratory allergies? ☐ Yes ☐ No
Did you have a cold, flu or bronchitis at the time of the arrest? ☐Yes ☐No
Have you been hospitalized in the past? ☐ Yes ☐ No If so, was surgery performed? ☐ Yes ☐ No What surgeries?: ________________________________________________________________________________________________________________________________________
Please select the field sobriety tests you were ordered to perform ( X check all that apply and any important notes)
- Did not take any field tests
- Follow a pen, finger, or other object with your eyes
- Standing with my head tilted back and eyes closed, feet together
- Standing on one foot for a period of time
- Patting your hands together
- Saying or writing the ABC’s
- Walking a straight line, or heel-to-toe
- Touching your nose with finger
Other:
If 'Other', please indicate what they made you do?
If so, did the officer advise to you that you could refuse the road tests?
If so, what was the result of the test?
What type of shoes were you wearing?
Did you fail to satisfactorily perform the balance and coordination tests as demonstrated to you by the officer?
Describe the area where field sobriety tests were given?
Would you be able to go to and identify the area where field sobriety tests were given?
Would you be able to go to take 10-15 photos during daylight of the area where field sobriety tests were given?
Were you given a roadside handheld breath test?
source http://www.dwi-expert.com/wp-content/...

General Durable Power of Attorney

General Durable Power of Attorney & Reasons to sign a Power of Attorney
A Power of Attorney allows your spouse or another person to administer your assets during your lifetime, either upon disability or now. The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs.
In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your family or partner cannot pay your bills or handle your assets. The result can be lengthy delays.

The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.
New Jersey has a detailed, expensive legal procedures, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action.
The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating. Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late.
The Power of Attorney can be effective immediately upon signing or only upon disability.
Most people who give a Power of Attorney to someone else do it with the thought that if they should become ill or incapacitated or if they should travel, the Power of Attorney will permit the holder of it to pay their bills and to handle all of their affairs for them as limited in the Power of Attorney.
Definition of Disability. (N.J.S. 46:2b-8b) A principal shall be under a disability if the principal is unable to manage his or her property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance.
Clauses (A) and (B) below shall not be part of this Power of Attorney unless they are signed by the Principal(s).
A. Takes Effect Regardless of Disability: This Power of Attorney is effective now and remains in effect even if I become disabled (as defined above).
B. Takes Effect Only Upon Disability This Power of Attorney will only become effective when (and if) I become disabled (as defined above)

[Only sign A or B, not both].

What is the Executor of Estate in a Probate Case

What is the Executor of Estate in a Probate Case

The Will sets forth who will be the Executor of Estate after the person dies. If there is no Will, a much more complicated procedure must be started for a family member to become an Administrator of the estate.

The executor must "probate" the Will. Probate is a process by which a Will is admitted. This means that the Will is given legal effect by the court. The court's decision that the Will was validly executed under state law gives the executor the power to perform his or her duties under the provisions of the Will.

An employer identification number ("EIN") should be obtained for the estate if there are several beneficiaries; this number must be included on all returns and other tax documents having to do with the estate. The executor should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the executor the authority to deal with the IRS on the estate's behalf.

Pay the Debts. The claims of the estate's creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys', accountants' and appraisers' fees, must also be paid.

Manage the Estate. The executor takes l title to the assets in the probate estate. The assets of the estate must be found and may have to be collected. As part of the asset management function, the executor may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the executor will have to obtain tax waivers, file affidavits, and so on.

Executor and Attorney to do :

- Bring Will to Surrogate and obtain Executor’s Certificate
- After you receive papers from Surrogate,
go to post office and do a change of address,
maybe change locks on house if needed
- Apply to Federal Tax ID # if needed
- Set up Estate Account at bank (pay all bills from estate account)
- Notice of Probate to Beneficiaries (Atty)
- If charity, notice to Atty General (Atty)
- File notice of Probate with Surrogate (Atty)
- Prepare Inheritance Tax Return and obtain Tax Waivers (Atty)
- Type up list of all assets and all liabilities
- Email to beneficiaries if applicable
- Pay Bills
- File NJ Tax waivers on real property with County Clerk with(Atty)
- File first Federal and State Income Tax Return [CPA- ex Marc Kane]
- Sell applicable assets
- If house, select realtor to sell house “as is”
- Prepare Informal Accounting after assets sold
- Prepare Release and Refunding Bond (Atty)
- Obtain Child Support Judgment search if needed
- File Release and Refunding Bond with Surrogate after all beneficiaries sign

Edison Wills and Estates Seminar Edison Law Office 2020

2020 Estate Planning & Probate Newsletter

By Kenneth Vercammen, Esq. Edison, NJ

1. Beware of cheap online forms. Always have proper Self- Proving Wills since witnesses often move or pass away. Often cheap online forms are rejected

2. Make sure your Will includes a formal “no bond required”

3. Include a funeral agent in your Will and Letter of Instruction to Family.

4. Problems if You Have No Will or a cheap online form not valid

5.  Why periodic review and changes to Wills are recommended

6 2020 Federal Estate Tax Rates

7 Sign a new Power of Attorney- Do not use a form purchased online.

8. Have a new Living Will prepared to comply with the Federal Health Privacy Law (HIPAA)

9. Free Will Seminars and Speakers for Seniors and community groups


1. Beware of cheap online forms. Always have proper Self- Proving Wills since witnesses often move or pass away. Often cheap online forms are rejected

The County Surrogates will reject for filing a Last Will and Testament when the Will was not correctly and legally signed and witnessed by independent persons.

The prior New Jersey Probate law required one of the two witnesses to a Will to travel and appear in the Surrogate’s office and sign an affidavit to certify they were a witness. This often created problems when the witness was deceased, moved away, or simply could not be located.  Some witnesses would require a $500 fee to simply sign a surrogate affidavit. A relative’s old Will was not self- proving, and the witness to the Will forced to pay a $500 fee to sign paperwork.

The New Jersey Legislature later passed a law to create a type of Will called a “Self-Proving Will.”  In the improved “Self-Proving Will”, the person for whom the Will is made first must sign.  Then the two witnesses sign.  Then the attorney or notary must sign;

Then the person signs a second time on the self-proving affidavit, then the witnesses sign a second time, then the attorney signs with certain statutory language to indicate the Will is self-proving. Beware of online documents not prepared by an attorney. Never use a cheap form on line. No one tries to do their own electrical work on their home anymore or do their own dental work. Have a professional do it right.

When done properly, the executor does not have to locate any witnesses. This usually saves time and substantial money.  If your Will is not “self-proving” or if you are unsure, schedule an appointment with an estate planning attorney. Some law offices ignore the revised law, and fail to prepare self proving Wills. Do not use a law office that follows old methods and does not do a self-proving Will. Ken Vercammen’s office prepares Self Proving Wills.

2. Make sure your Will includes a formal “No Bond required” clause so the executor/ personal representative does not have to spend thousands of dollars being bonded.  Pull out your prior Will. Does it does not say No Bond required? If not, call an attorney to have a new Will prepared. If the Will does not say “No Bond required, usually the Executor will have to pay over $1,000 and go through the bonding process.

3. Include a funeral agent in your Will and Letter of Instruction to Family.

 A law was revised that recommends persons appoint a “Funeral agent” to be the official person to handle a funeral. If your Will was done more than three years ago, you want to write to the Executors to formally appoint them as funeral agent.

If you don’t have a Will, contact an attorney to have a Will prepared with the specific designation of someone as funeral agent.

"I hereby nominate, constitute and my Executor to serve as my Funeral and Disposition Representative, pursuant to N.J.S.A. 45:27-22. … More information on www.njlaws.com.

4. Problems if You Have No Will or a cheap online form not valid


If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:

1. The procedure to distribute assets becomes more complicated. It will require all of the children to select someone to be the Administrator, then all the children to sign a Renunciation Affidavit in front of a notary. If all the children do not sign the Renunciation Affidavit if front of notaries, then a Complaint and Order with have to be filed in the Superior Court. Cost over $3,000. The preparation of a Will for under $400 eliminates these costs.

2.  Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs often over $1,000 and extra surrogate fees and legal fees.

3.  State law determines who gets assets, not you. People who don’t help you or don’t care about you can get your assets.

4...
More at https://njprobate.blogspot.com/2020/0...

Metlife Hyatt Legal Plan Wills, Power of Attorney, Living Wills and esta...

Hyatt Metlife Will preparation online by Kenneth Vercammen’s Law Office without having to travel to law office and follow up consults over phone & online.

   To assist Hyatt Metlife members we now offer document preparation remotely and consults. We are concerned about your health and well being.
1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form.

2. Metlife Hyatt attorney needs emailed:

Claim Number [s] __

Last four digits of Social  or Member ID 

    For example, in estate planning, Metlife Hyatt pays for 

-Wills for husband & wife   [need only one claim number for Wills]

-Power of Attorney for husband & wife  [need only one claim number for Power of Attorney]

-Living Will husband & wife [need only one claim number for Living Will]

   So obtain three claim numbers for estate planning.

HYATT Metlife members should call HYATT Metlife legal at 800.821.6400to obtain an authorization numbers for each Will, Power of Attorney and Living Will you want. 

Members can also obtain authorization numbers online at https://members.legalplans.com/Home

Also determine if they use last four digits of Social or a member ID.

  The attorney cannot obtain that.

3. On Will Questionnaire Type response/ Fill in details., Email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com.  Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms.

4. Ken V will call to discuss after typed interview form received.

5.  We will draft documents and email to you.  Ken V will call to answer further questions
6. Sign documents in front of notary and two witnesses [ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries. 

    Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. 

      The Living Will contains a Power of Attorney for Health Care & Medical Decisions. In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

        We sometime sign in the parking lot if you bring a witness age over 20 and documents signed within 21 days of preparation.